DAMNUM SINE INJURIA

DAMNUM SINE INJURIA

Submitted to:-

MRS. PRACHI SRIVASTAVA

(Faculty, Legal Language and Writing)

NOIDA INTERNATIONAL UNIVERSITY

GREATER NOIDA

Submitted by:-
PRATHAM SAXENA
B.B.A.L.L.B. 8TH Semester
Roll no.-LS/BBALLB/1601/008

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Contents

1. Introduction

2. Meaning of Damnum Sine Injuria

3. Understanding of the Maxim

4. Principle of the Maxim

5. Case Law for the Maxim

6. Bibliography

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Acknowledgement

At the outset, I would like to express my heartfelt gratitude and thank my mentor, MRS.
PRACHI SRIVASTAVA, for instilling confidence in me. I am indeed privileged having being
groomed in a prestigious institution like Noida International University. I would also like to
express my gratitude to my friends for their support and help. My gratitude also goes out to the
staff and administration of Noida International University for the library infrastructure and IT
Lab that was a source of great help for the completion of this project.

Pratham Saxena

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Introduction

Maxim refers to the established principles and prepositions. That is the general rules or
principles or guidelines laid down and which are to be followed by the general public. Maxims
are very useful, as with the help of this particular point of law can be understood clearly and
precisely and also used for the proper solution of the cases. Maxims are very widely used in
various branches of law and so in the law of torts.

As the law is a difficult subject having various interpretations, rules, and principles. It is therefore
considered necessary to have these combinations of various Latin and French words to be used for
much clearer understanding. However, the only difficult part of the use of these maxims is that they
have to be applied with full precaution. The person using these maxims has to make sure that
whether the case in which it is applied has its application in the same manner, or whether it is an
exception to the general rule, as any alterations of any of these maxims would be dangerous.

Meaning of Damnum Sine Injuria

Damnum Sine Injuria is a maxim, which refers to injury which is being suffered by the plaintiff
but there is no violation of any legal right of a person. In such circumstances, where there is no
violation of the legal right of but the injury, or damage is being suffered by the plaintiff, the
plaintiff can’t bring an action against the other for the same, as it is not actionable in law, unless
there is some infringement of a legal right is present.

Damnum Sine Injuria, the literal meaning of the word refers to loss or damage in terms of money,
property or any physical loss without the infringement of any legal right. It is not actionable in law
even if the act so did was intentional and was done to cause injury to other but without infringing on
the legal right of the person.

Understanding of the Maxim

The maxim basically means ‘damage without infringement of any legal right’. In order to make a
person liable in law there must, therefore, be present the element of injury. Damage without
injury (Damnum Sine Injuria), is not actionable. There are many acts which though harmful are
not wrongful and therefore give rise to no right of action in favor of the person who sustains the
harm. In cases of Damnum sine Injuria actual and substantial loss without infringement of any
legal right, no action lies. Mere loss in money or money’s worth does not itself constitute legal
damages.

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Principle of the Maxim

The cases illustrative of the maxim are based on various grounds, but the general principle seems
to be that the exercise of one’s own common or ordinary rights within reasonable limits does not
ground an action in tort merely because it causes damage to another. Thus, a landowner dug a
well in his own land. As a result, water in the well of a neighboring landowner dried up. As a
result the court held that he had no cause of action.

Case Law for the Maxim

This can be better explained in the following case:

 Gloucester Grammar School Case 1 The defendant was the schoolmaster intentionally
opened the school in front of the plaintiff’s school, causing damage to him. As due to an
increase of competition the plaintiff has to reduce their fees from 40 pence to 12 pence per
scholar per quarter. It was held that even though the plaintiff has suffered harm but there was
no infringement of any legal right, therefore, the defendant can’t be held liable.

 Mogul Steamship Co. Vs. McGregor Gow and Co.2 In this case number of companies
trading in steamships, combined their hands with the intention to drove the plaintiff’s
company out of the tea-carrying company, by reducing and offering assistance at a reduced
price. It was held that the plaintiff has no cause of action as no legal right has been infringed
by the other companies.

 Ushaben vs. Bhagyalaxmi Chitra Mandir 3 In this case, the plaintiff pleaded before the
court of law to issue a permanent injunction order on the film named, “Jai Santoshi Maa”.
According to her, the film hurt the religious feelings of the plaintiff. It was observed that
hurting of religious sentiments did not result in any legal injury, and also that other then the
plaintiff no other person feelings were hurt. Therefore it was held that the defendant was not
liable.

Bibliography

 https://www.studocu.com/row/document/university-of-the-punjab/law-of-torts/mandatory-
assignments/difference-between-damnum-sine-injuria/2335447/view
 http://lawtimesjournal.in/injuria-sine-damno-damnum-sine-injuria/

1
(1410) Y.B. Hill 11 Hen, 4 of 47, p. 21, 36.
2
(1892) A.C. 25.
3
A.I.R. 1978 Guj. 13.

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